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Immigration to the United States of America via Employment

E2 – United States Treaty Investor Immigration Program

The E2 – U.S. Treaty Investor program allows foreign investors to obtain lawful, non-immigrant status in the United States by applying to invest in a commercial enterprise in the Unites 

States, from a country with which the United States currently maintains a treaty

of commerce and navigation. If a substantial amount of capital is being invested in a United States commercial enterprise by a foreign investor or qualifying organization, certain affiliated employees may be eligible to work in the United States for the same enterprise. Family members of the investors and employees with special qualifications and skills may be allowed to join them as well.

Treaty investors and their employees may reside in the United States for an initial maximum period of 2 years after the agreement has been signed, and apply for extensions every 2 years.

Let the experts at 123Visa help make sure that you have met and presented all the criteria involved in submitting a comprehensive application for the E2 Treaty Investor immigration Program. We know this category very well and will advise you on each step and submission.

In order to qualify for the E2 – U.S. Treaty Investor program, you must:
  • be applying from a long list of countries that maintain a treaty that allows commerce and navigation with the U.S.A.
  • prove that you have, or are in the process of investing, a significant amount of your own legally obtained capital, in a new or existing United States business or commercialenterprise
  • you must show proof that you plan to be actively operating and managing in an executive or supervisory role at least 50 per cent of an authentic, ‘business venture’, producing services or goods for profit, while meeting all legal requirements
  • work in the area or position for which you petitioned to work in when you applied for your visa
  • invest a substantial amount of capital to establish a new commercial enterprise or purchase an existing business enterprise, and have sufficient funds to ensure the successful operation of the enterprise
  • ensure that your business enterprise is not marginal, but is one that has or will have the future earning power to support the treaty investor and any dependents within 5 years of signing the treaty
  • have any substantial changes to E-2 status approved by USCIS
  • employees of the business enterprise who are petitioning to join the employer or organization must be able to provide and prove the special qualifications skills which make them essential to the efficient operation of the business including:
  • demonstrate an high level of proven expertise in the employee’s area of managing operations, given current technology and circumstances
  • ensure that no other individuals involved with the enterprise have the same specific skills
  • demonstrate the level of salary such special qualifications command
  • prove that the special skills and qualifications cannot be easily accessed in the U.S.A. and there is a need for such a level of skill
  • ensure the employee possesses the skills of an executive, supervisor, or those of an essential skilled worker if working for a subsidiary of the organization
  • ensure the employee petitioning to join the employer are both of the same nationality treaty country
  • work in the area for which the application petitioned  when submitted for the employee’s visa or work for the organization’s affiliated companies as well

At 123Visa We know all about applying via the E2 – U.S. Treaty Investor and can advise you on every point and every step of the way!

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